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HomeMy WebLinkAbout97-105Resolution No. 97- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND REVOKING AND EXTINGUISHING THE 1989 LICENSE AGREEMENT BETWEEN THE CITY AND DENNY/LYNDA LAVIGNE The City Council of the City of Port Townsend, Washington, resolves as follows: WHEREAS, on July 18, 1989, the Port Townsend City Council granted a Conditional Use Permit, No. 8904-04, to Denny and Lynda Lavigne for operation of a miniature golf course, together with the provision of off-street parking and landscape and planter boxes; and WHEREAS, the applicants, Denny and Lynda Lavigne, were abutting owners of that portion of Jefferson Street lying between Keamey Street and Gains Street; and WHEREAS, in Resolution No. 89-57, the Port Townsend City Council determined that the northerly 12 feet of Jefferson Street lying between Keamey Street and Gains Street was not then neces~ for public access purposes, and therefore granted a license to the Lavignes for the use of the street right-of-way for a small portion of the proposed miniature golf course development, the Council retained the right to revoke the License Agreement at any time; and WHEREAS, the Lavignes ultimately chose not to develop the miniature golf course. However, the City recorded the License Agreement with the Jefferson County Auditor, affecting the Jefferson Street right-of-way and abutting properties, thereby potentially "clouding" the title of abutting properties owned by the Lavignes; and WHEREAS, the Lavignes have requested the City Council revoke the License Agreement; and WHEJIEAS, the Lavignes have requested that the City rescind the Conditional Use Permit, thereby eliminating the necessity for the License Agreement. BCD has taken action to rescind the Permit; and WHEREAS, the License Agreement provided that any revocation of the License Agreement must be approved by the Port Townsend City Council. Given lack of need for the License Agreement, the Council deems it appropriate to return the right-of-way to full public use, unfettered by the License Agreement, NOW, THEREFORE, for the reasons stated within this resolution, the 1989 License Agreement between the City and the Lavignes is hereby revoked. The City Attorney is directed to record the Revocation of License Agreement document in substantially the form attached hereto. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 6th day of October, 1997. Attest: Para Kolacy, City Clerk ~ ' 09/25/97 [97-23] CA§Res{Lavign~.re$} ' c~uR~h, MayOr '" App~ to Form: I ey 2 Res. 97- It5 ~' AFTER RECORDING RETURN TO: Sh~ila Spears, Building & Community Development Department City of PoxX Townsend 540 Water Street Port Townsend, WA 98368 REVOCATION OF LICENSE AGREEMENT Grantor: Grantee: Related document: City of Port Townsend, a Washington municipal corporation. Lavigne, Denny Lavigne, Lynda, husband and wife Jefferson County Auditor's File Number 326321 (License Agreement). The Grantor, the City of Port Townsend hereby revokes and extinguishes the License Agreement recorded at Jefferson County Auditor's File No. 326321 in accordance with the following terms: Legal description: The northerly 12 feet of Jefferson Street, lying between Kearney Street and Gaines Street, and abutting upon Block 76 of the Mabel Addition to the City of Port Townsend, situate in the City of Port Townsend, Jefferson County, Washington. Assessor's Property Tax Parcd No(s). (Not applicable -- public street) The City of Port Townsend retained the authority to revoke the License Agreement at any time and on an at-will basis. The Grantor hereby consents that the 1989 License Agreement recorded at Jefferson County Auditor's File No. 326321 be and the same hereby is revoked and extinguished. IN WITNESS WHEREOF, this Revocation of License Agreement is executed on this day of ,,~cLt.[ ,1997. GRANTOR: CITY OF PORT TOWNSEND, a Washington municipal corporation By: - APPROVED: Denny La~igne Lyn~la Lavigne ~4(~ q7./o5